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(영문) 서울중앙지방법원 2016.05.26 2015고단7943

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

3,130,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 17, 2013, the Defendant was sentenced to a suspended sentence of one year and six months on October 25, 2013 to a violation of the Act on the Control of Narcotics, etc. at the Suwon Franchisor method, and the judgment became final and conclusive on October 25, 2013, and is currently subject to the suspended sentence, and even if the Defendant is not a narcotics handler, the Defendant treated the Mepter, which is a local mental medicine (hereinafter “diphone”), as follows:

1. On July 9, 201, the Defendant: (a) received KRW 430,00 from D to the foreign exchange bank account (Account Number: E) in the name of the Defendant; (b) sold phiphones by putting approximately 0.4g of phiphones in front of D around the Seoul Mapo-gu Seoul Metropolitan Government G convenience store, around 20:30 on the same day.

2. On July 25, 2014, the Defendant sold phiphones by receiving KRW 400,000 from D and 0.4g of phiphones contained in the disposable injection machine at around J convenience stores near Kimpo-si, Kimpo-si on July 25, 2014.

3. On July 28, 2014, at the same place as above 04:00, the Defendant sold phiphones by putting about 0.4g gramphones contained in the disposable injection machine after receiving KRW 4.50,000 from D and receiving KRW 4.50,000 from D.

4. On September 14, 2014, at around 18:00, the Defendant received KRW 800,000 from D on the first floor of the main floor of the K Hospital located in Seodaemun-gu Seoul, Seo-gu, Seoul, for the payment of KRW 1,00,000 from D on the same day, and around 22:00 on the same day, the Defendant sold phiphones by putting approximately 0.8g of phiphones contained in D around the first floor of the above hospital.

5. On October 17, 2014, around 01:00, the Defendant sold phiphones by reporting approximately 0.6g of philophones contained in the single-use injection machine after receiving 600,000 won of philophones from D and receiving 600,000 won of philophones from D.

6. On January 3, 2015, around 21:00, the Defendant sold phiphones by cutting off approximately 0.4g of phiphones contained in a single-use injection machine in front of O near Mapo-gu Seoul, Seoul, and receiving KRW 4.50,000 from D, and 0.4g of phiphones.

Summary of Evidence

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